Wednesday, May 15, 2013

'State v. Griep' certified to Wisconsin Supreme Court

The Wisconsin Court of Appeals asks the Supreme Court to take this appeal on the question,

"Is an OWI defendant’s right to confront the witnesses against him violated when a supervisor of the state crime lab testifies that a lab report prepared and certified by another, but unavailable, lab analyst establishes the defendant’s illegal blood alcohol concentration? Does it make a difference that the lab supervisor said it was 'his' opinion even though he did not perform any of the testing himself and simply noted that the unavailable analyst followed the proper protocol?"